Veeraraghavan, v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction ) Friday, the Twelfth day of April Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CMP(MD) No.5748 of 2018 IN SA(MD) No.SR49421 of 2017 VEERARAGHAVAN ... PETITIONER/ APPELLANT Vs 1 THE STATE OF TAMIL NADU REP. BY THE DISTRICT COLLECTOR, MADURAI 2 SETHURAMALINGAM 3 PANAYAMMAL ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to condone the delay of 145 days in re-presenting the SA(MD) SR.No.49421 of 2017 and thus render justice.
PRAYER IN SA(MD) No.SR49421 of 2017:
To allow the S.A.by setting aside the judgment and decree in A.S.No.81 of 2013 on the file of the I Additional Sub Judge, Madurai (Melur Camp) dated 23.06.2017 by conforming the judgment and decree in O.S.No.617 of 2004 on the file of District Munsif Court, Melur dated 28.11.2012.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.A.SIVAJI, Advocate for the petitioner and of Mr.J.GUNASEELAN MUTHIAH, Additional Government Pleader for R1, and R2 & R3 not appeared either in person or by an advocate, the court made the following order:- Heard.
This petition has been filed by the petitioner seeking to condone the delay of 145 days in representing the above Second Appeal.
https://hcservices.ecourts.gov.in/hcservices/ 2.Considering the reasons stated in the affidavit filed in support of the petition and also considering the length of delay,
this Court is inclined to condone the delay subject to the payment of cost of Rs.500/- (Rupees five hundred only) to the Legal Services Committee, attached to this Bench, within a period of one week from the date of receipt of copy of this order, failing which this petition shall stand dismissed automatically without any further reference to this Court.
3.This petition is accordingly ordered.
4. In the event of payment of cost, the Registry is directed to number the second appeal, if it is otherwise in order and list the same "for admission" forthwith.
sd/- 12/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE I ADDITIONAL SUBORDINATE JUDGE, MADURAI(MELUR CAMP) 2 THE DISTRICT MUNSIF, MELUR.
COPY TO:
1. THE OFFICER INCHARGE, LEGAL SERVICES COMMITTEE, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
2. THE SUB ASSISTANT REGISTRAR, AE SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CMP(MD) No.5748 of 2018 IN SA(MD) No.SR49421 of 2017 Date :12/04/2019 MS/PN/SAR-1/23.04.2019/2P.5C https://hcservices.ecourts.gov.in/hcservices/